Facts
The dispute concerns the interpretation of Article 12b paragraph 1 of the Federal Act on the Protection of Nature and the Landscape (NPA) regarding the time limit for public consultation and objections for a building permit for a "via ferrata" outside the building zone. The installation of this "via ferrata" required an exceptional permit issued by the competent authority, in this case the Cantonal Construction Commission of the Canton of Valais.
WWF Switzerland filed an objection against this project, but it was declared inadmissible due to tardiness by the Construction Commission. WWF Switzerland then appealed this decision to the Cantonal Court of Valais, which dismissed the appeal. WWF Switzerland finally filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court upheld the appeal and remanded the case to the Cantonal Court for a new decision. It notably considered that Article 12b paragraph 1 NPA imposes an objection period of at least 20 days, which was not the case with the 10-day period provided for by Valaisian cantonal law. The Federal Supreme Court therefore held that the cantonal authorities had to adapt their legislation and practice to comply with federal law.
However, the Federal Supreme Court exceptionally allowed WWF Switzerland to benefit from the 30-day period retained in a previous judgment of the Cantonal Court, by application of the principle of protection of good…